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I. This Agreement shall run with the land and shall be recorded against the <br /> title to the property provided, however, that all monetary obligations of the Developer hereunder <br /> shall be and remain the responsibility of the Developer unless expressly assumed in writing by <br /> any successor or assignee of the Developer. The Developer covenants with the City, its <br /> successors and assigns, that the Developer upon recording of the Plat is well seized in fee title of <br /> the property being final platted and/or has obtained consents to this Agreement, in the form <br /> attached hereto, from all parties who have an interest in the property; that there are no <br /> unrecorded interests in the property being final platted; and that the Developer will indemnify <br /> and hold the City harmless for any breach of the foregoing covenants. Upon request by <br /> Developer and the receipt of appropriate documentation, the City staff shall provide Developer <br /> with partial releases from this Agreement, Certificates of Completion, and Estoppel Certificates <br /> on a lot by lot basis. <br /> J. Each right, power or remedy herein conferred upon the City is cumulative <br /> and in addition to every other right, power or remedy, express or implied, now or hereafter <br /> arising, available to the City, at law or in equity, or under any other agreement, except as <br /> specifically limited in this Agreement, and each and every right, power and remedy herein set <br /> forth or otherwise so existing may be exercised from time to time as often and in such order as <br /> may be deemed expedient by the City and shall not be a waiver of the right to exercise at any <br /> time thereafter any other right,power or remedy. <br /> K. The Developer may not assign this Agreement without the written <br /> permission of the City Council. The Developer's obligation hereunder shall continue in full force <br /> and effect even if the Developer sells one or more lots, the entire plat, or any part of it, subject to <br /> Certificates of Completion for individual Lots within the Plat. <br /> 132281 vI1 <br /> - 16 - <br />